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J. B. PARDIWALA, R. MAHADEVAN
Y. S. Nataraja – Appellant
Versus
State of karnataka – Respondent
| Table of Content |
|---|
| 1. incident introduction and background (Para 1 , 2) |
| 2. witnesses and evidence presented (Para 3 , 4 , 5 , 6) |
| 3. trial court's initial findings and reasoning (Para 7 , 8) |
| 4. high court's re-evaluation of evidence (Para 9 , 10 , 11) |
| 5. appellant's defense arguments (Para 14 , 20) |
| 6. trustworthiness of witness testimony (Para 28 , 30 , 34) |
| 7. evidentiary principles on cross-examination (Para 38 , 41) |
| 8. conclusion of judgment and appeal outcome (Para 49 , 50) |
ORDER :
1. This appeal arises from the judgment and order passed by the High Court of Karnataka at Bangalore dated 30th June, 2008 in Criminal Appeal No. 1760 of 2001 by which the High Court allowed the appeal filed by the State of Karnataka and thereby reversed the judgment and order passed by the First Additional District and Sessions Judge, Tumkur in Sessions Case No. 146 of 1998 acquitting the appellant herein of the offence of murder punishable under Section 302 of the INDIAN PENAL CODE , 1860 (for short the "IPC").
2. The case of the prosecution may be summarized as under:-
(B) PW-1 is the father of the deceased. It is the case of the prosecution t
A reasonable doubt is not a mere possible doubt but a fair doubt based upon reasons and common sense – It must grow out of evidence in the case – When a reasonable doubt arises in a matter, benefit o....
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
The prosecution failed to prove the charges of murder and unlawful assembly beyond reasonable doubt due to unreliable witness testimonies and lack of corroborative evidence.
THE EVIDENCE OF EYEWITNESSES IS CREDIBLE AND INSPIRING CONFIDENCE. NON-SUPPORTING SUCH A VERSION BY INDEPENDENT WITNESSES WOULD BE NO GROUNDS, TO DISCARD THEIR TESTIMONY. THE PRESENCE OF PWS.1 AND 2 ....
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
Point of law: Offence of Murder – Chain of circumstances proved – Common intention – Conviction justified.
The reliability and credibility of eyewitness testimony, the significance of absconding as incriminating evidence, and the application of legal provisions under Section 302 and Section 304 Part II of....
(1) Minor discrepancies should not be given undue importance that don’t go to root of matter. Such contradictions are not material contradictions and evidence of such witnesses cannot be brushed asid....
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